Courts / Waterford / Report

'Callous', violent offender to serve extra two years in jail for killing musician

Date
2020-02-18

Stage
Appeal

Court
Waterford Circuit Criminal Court

Primary locality
Waterford

Summary

Craig McGrath, 26, of Rathfaddan Park, Waterford, pleaded guilty to the manslaughter of Damien O'Brien, 27, on 13 July 2018. McGrath had earlier been on bail for an assault. The incident occurred at the junction of John Street and Manor Street on 7 July 2018 when McGrath punched O'Brien twice to the head, causing a broken eye socket, nose and jaw. O'Brien was unconscious and later died from a fatal brain injury when his head struck the ground. CCTV showed McGrath shadow‑boxing after the attack. McGrath also pleaded guilty to assaulting Kiefer Dowling in 2017, for which he received five years and a consecutive 2½‑year sentence, the final two years suspended. The Director of Public Prosecutions appealed, and the Court of Appeal re‑sentenced McGrath to seven years for the manslaughter and a consecutive 2½‑year sentence for the Dowling assault, with the final two years suspended.

Who, what, where, when and why

What: Report matter: 'Callous', violent offender to serve extra two years in jail for killing musician. Charges or matters: the manslaughter of Damien O'Brien (27) on July 13, 2018 arising out of an assault that occurred at the junction of John Street and Manor Street, on July 7, 2018; assaulting Kiefer Dowling causing him harm at Shortts Bar, John Street, in Waterford on August 18, 2017. Procedural stage: appeal

When:

July 13, 2018 Incident
July 7, 2018 Incident
August 18, 2017 Incident
May 24, 2019 Hearing Or Sentence
2020-02-18 Publication

Case subjects

Craig McGrath

Defendant

Charges: the manslaughter of Damien O'Brien (27) on July 13, 2018 arising out of an assault that occurred at the junction of John Street and Manor Street, on July 7, 2018; assaulting Kiefer Dowling causing him harm at Shortts Bar, John Street, in Waterford on August 18, 2017 (Admitted)

Plea: Guilty

Outcome: However, the Director of Public Prosecutions successfully sought a review of McGrath's sentence on grounds it was "unduly lenient", and the Court of Appeal re-sentenced him to nine-and-a-half years imprisonment with the final two years suspended today. Mr Justice Collins, who sat with President of the Court of Appeal Mr Justice George Birmingham and Mr Justice Brian McGovern, re-sentenced McGrath to seven years imprisonment for killing Mr O'Brien and a consecutive two-and-a-half year sentence for the assault on Mr Dowling, with the final two years suspended.